Privileges Flashcards
What is attorney-client privilege?
A confidential communication
Between attorney and the client
Made during professional legal consultation
What are the exceptions to attorney-client privilege?
Crime for exemptions
Client put the legal advice at issue
Dispute between the lawyer and client
What is the basic rule for spousal amenity/adverse testimonial privilege?
One spouse cannot be forced to give advice testimony against the other.
For spousal immunity who does the privilege belong to?
It belongs to the testifying spouse, So they get to decide whether to provide adverse testimony
And which type of cases disposal amenity privilege apply?
Criminal only
When do spouses need to be married for the adverse testimonial privilege to apply?
At the time of the trial.
The privilege then applies to matters that predate the marriage.
What is the basic rule regarding confidential marital communications?
Spouses cannot, without the others consent, disclose a confidential communication made by one to the other during the course of the marriage.
To which type of cases does confidential marital communications privilege apply?
Both criminal and civil
To whom does the confidential marital communications privilege belong to?
Both spouses hold the privilege
When do the spouses need to be married in order for confidential marital communications privilege to apply?
Spouses must be married at the time that the communication is made, not necessarily during the trial.
How might confidential marital communications privilege be destroyed?
If a third-party overhears the confidential communication, then it destroys the privilege
What are the exceptions to spousal immunity and confidential marital communications?
Communications or acts in furtherance of a crime/fraud
Communications at the destructive to the family
One spouse suing the other
When does the psychotherapist/social worker client privilege apply?
Confidential information provided during the course of a professional relationship
Patient must be SEEKING TREATMENT
The information provided by the patient must be NECESSARY to facilitate treatment
